Bonilla
Author
Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage practitioner or massage therapist. Existing law authorizes a city, county, or city and county to impose certain requirements on massage establishments or businesses that are the sole proprietorship of an individual certified pursuant to existing state law or that employ or use only persons who are so certified. Existing law authorizes a city, county, or city and county to, among other things, adopt reasonable health and safety requirements, as specified, pertaining to those massage establishments or businesses, and to require an applicant for a business license to operate a massage business or establishment to fill out an application that requests relevant information, as specified. This bill would reenact, revise, and recast these provisions to, among other things, establish an interim board of directors to govern the council until September 15, 2015, and provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. The bill would authorize the board to establish fees reasonably related to the costs of providing services and performing its duties, not to exceed $300. The bill would require the board to provide at least 90 days' advance notice prior to holding a meeting to vote upon a proposal to increase the certification fees, as specified, except as provided. The bill would also require the board to notify certificate holders of a board action that increases those fees. The bill would discontinue the issuance of new massage practitioner certificates after January 1, 2015, except as provided, but would authorize the renewal of massage practitioner certificates issued prior to January 1, 2015. The bill would require that all certificates issued pursuant to these provisions be subject to renewal every 2 years, except as provided. The bill would require the council to develop policies, procedures, rules, or bylaws governing the approval and unapproval of schools that provide education required for certification, as specified. The bill would authorize the council to deny an application for a certificate, or to discipline a certificate holder for a violation of these provisions, as specified. The bill would require the board to exercise its denial or discipline authority by means of fair and reasonable procedures that, among other things, provide the applicant or certificate holder with notice and an opportunity to be heard, as specified. The bill would provide that unprofessional conduct in violation of these provisions includes, among other things, engaging in sexually suggestive advertising related to massage services and engaging in sexual activity while providing massage services for compensation. The bill would, notwithstanding any other law, prohibit a city, county, or city and county from enacting or enforcing an ordinance that conflicts with these provisions or other corresponding specified provisions. However, the bill would authorize a city, county, or city and county to adopt or enforce local ordinances that govern zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a licensed or certified healing arts professional, including a certified massage therapist. The bill would also make clarifying and conforming changes regarding local regulation of massage establishments or businesses. The bill would authorize a court to issue an injunction or to provide any other relief it deems appropriate for violations of these provisions, as specified. The bill would provide that the powers and duties of the council are subject to review by the appropriate committees of the Legislature and would require the council to provide a specified report to these committees on or before June 1, 2016. The bill would provide that these provisions are issues of statewide concern, and therefore applicable statewide. The bill would also provide that its provisions are severable. The bill would repeal these provisions on January 1, 2017.
Chaptered by Secretary of State - Chapter 406, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
From committee: That the Senate amendments be concurred in. (Ayes 16. Noes 0.) (August 28).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6717.).
Assembly Rule 63 suspended. (Ayes 54. Noes 24. Page 6699.)
Re-referred to Coms. on B.,P. & C.P. and APPR. pursuant to Assembly Rule 77.2.
From committee: That the Senate amendments be concurred in, but first be re-referred to Com. on APPR. (Ayes 12. Noes 1.) (August 28). Re-referred to Com. on APPR.
(pending re-referral to Com. on APPR.)
Joint Rule 62(a), file notice suspended. (Ayes 55. Noes 24. Page 6644.)
Action rescinded whereby the bill was re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.
Joint Rule 62(a), file notice suspended. (Page 6550.)
Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4859.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 23).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 1. Page 3681.)
Read second time. Ordered to third reading.
Pass and retain by unanimous consent.
From committee: Do pass. (Ayes 11. Noes 0.) (January 21).
From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.
Read third time and amended. Ordered to third reading. (Ayes 52. Noes 24. Page 1880.)
Re-referred to Com. on B.,P. & C.P. pursuant to Assembly Rule 77.2.
Assembly Rule 69 suspended. (Ayes 51. Noes 22. Page 1879.)
Ordered to third reading.
From inactive file.
Notice of intention to remove from inactive file given by Assembly Member Gomez.
Ordered to inactive file at the request of Assembly Member Gomez.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 8. Noes 4.) (May 7).
From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.
Read first time.
From printer. May be heard in committee March 26.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1147 | HTML |
| 02/22/13 - Introduced | |
| 04/15/13 - Amended Assembly | |
| 05/01/13 - Amended Assembly | |
| 05/13/13 - Amended Assembly | |
| 05/31/13 - Amended Assembly | |
| 01/06/14 - Amended Assembly | |
| 01/14/14 - Amended Assembly | |
| 04/23/14 - Amended Senate | |
| 06/17/14 - Amended Senate | |
| 07/01/14 - Amended Senate | |
| 08/04/14 - Amended Senate | |
| 08/20/14 - Amended Senate | |
| 08/22/14 - Amended Senate | |
| 09/04/14 - Enrolled | |
| 09/18/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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